FLAMM V. AMERICAN ASSOCIATION OF UNIVERSITY WOMEN
201 F.3d 144 (2nd Cir. 2000)
NATURE OF THE CASE: This was a suit over a libel per se. Flamm (P) challenged a dismissal
of his defamation suit, which held that American's (D) statement was protected speech under
U.S. Const. amend. I and the New York Constitution.
FACTS: Flamm (P) was described in a directory by D as an ambulance chaser with an
interest in only slam dunk cases. P sued D in state court under libel per se. The action was
removed to federal court. D filed a motion to dismiss based on the theory that the statement
was not one of objective facts. The motion was granted. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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